Maldonado, 2009 - Institute for Applied Psychometrics
Maldonado, 2009 - Institute for Applied Psychometrics
Maldonado, 2009 - Institute for Applied Psychometrics
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Johnson, 202 F.3d 760, 764 (5th Cir. 2000). However, a court must view a summary<br />
judgment motion through “the prism of the substantive evidentiary burden.”<br />
Anderson, 477 U.S. at 254. Congress intended the AEDPA to constrict both the<br />
nature and availability of habeas review. The Rules Governing Section 2254 Cases<br />
in the United States District Courts, along with traditional habeas practice, also allow<br />
<strong>for</strong> the summary dismissal of habeas claims. This Court, there<strong>for</strong>e, applies general<br />
summary judgment standards only insofar as they do not conflict with the language<br />
and intent of the AEDPA or other habeas law. See Smith v. Cockrell, 311 F.3d 661,<br />
668 (5th Cir. 2002) (“[Rule 56] applies only to the extent that it does not conflict with<br />
the habeas rules.”), overruled on other grounds by Tennard v. Dretke, 542 U.S. 274<br />
(2004); Rule 11 of the RULES GOVERNING SECTION 2254 CASES IN THE UNITED<br />
STATES DISTRICT COURTS (“The Federal Rules of Civil Procedure, to the extent that<br />
they are not inconsistent with any statutory provisions or these rules, may be applied<br />
to a proceeding under these rules.”). Where the state courts have already resolved a<br />
prisoner’s factual allegations by express or implicit findings, and the prisoner does not<br />
prove by clear and convincing evidence that 28 U.S.C. § 2254(e)(1)’s presumption of<br />
correctness should not apply, construing facts in his favor is inappropriate and<br />
unauthorized.<br />
<strong>Maldonado</strong> presented many of his claims in state court. The state courts issued<br />
detailed findings of fact and explicit conclusions of law with respect to each exhausted<br />
12